Property & Housing
Eviction (PIE Act)
The PIE Act prohibits unlawful eviction without a court order. Even if you have no formal lease, an owner must go to court to evict you — self-help evictions (changing locks, removing goods) are illegal.
Legal Definition
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) requires a court order for every eviction of an unlawful occupier. Courts must consider relevant circumstances including whether alternative accommodation is available.
📖 Constitutional / Statutory Basis: Section 26(3), Constitution of the Republic of South Africa, 1996; PIE Act 19 of 1998
Practical Example
Your landlord cuts your electricity and padlocks your door to force you out. This is illegal. You can apply for a spoliation order to be let back in and report the landlord to the Rental Housing Tribunal.
Frequently Asked Questions
Can my landlord evict me without going to court?
Never. The PIE Act requires a court order regardless of lease status, non-payment, or any other reason. Self-help eviction is a criminal offence.
What notice must I receive before eviction proceedings?
The court papers (including the hearing date) must be served at least 14 days before the hearing. If you are elderly, a child, or disabled, the court scrutinises the eviction more carefully.
Can the court consider my personal circumstances?
Yes. The court must consider all relevant circumstances, including whether you have children, alternative accommodation options, and the length of occupation.
Related Terms
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